Learn how to properly handle the difficult issue of disciplining employees for conduct outside of the workplace.
With the rise of social media, employee conduct outside of work is more visible than ever. As several high-profile examples have shown, employee conduct can be traced back to and negatively affect employers, whether or not the employee was actively representing his employer. But can you discipline or terminate employees for statements made on Twitter® or for engaging in inappropriate conduct during their time off?
It’s easy to monitor the conduct of your employees while on the job, but what happens when they leave at the end of the day? In some cases, employee conduct outside of work could adversely impact their job performance or even project an unfavorable image of your organization. Disciplining employees for conduct outside of work is possible, but you must ensure you are following the letter of the law.
Lorman Education Services Can Provide Training to Help You Navigate This Delicate Legal Area
Lorman offers comprehensive, relevant training that can teach you how to handle employee discipline for conduct outside of work without violating your employees’ rights — or the law. Learn the legal rights and responsibilities of employers in disciplining employees for conduct outside of work. Learn about recent legislation and court cases involving some of the hottest topics in employment law, including employee discipline for blogging, web-based employer trashing, workplace dating and extramarital affairs, and physical appearance such as weight, tattoos and body piercing.
Our experienced professionals will discuss permissible discipline for employees violating conflict of interest policies, including engaging in unfair competition with the employer. Understand how a growing number of states are protecting employee off-duty conduct by providing an overview of state employee lifestyle statutes. For union employers, these topics will be discussed in the context of defending against employee grievances.
Training Available in Multiple Online Formats
Lorman enables you to get the training you need for disciplining employees for conduct outside of work. This program is available as an archived on-demand presentation, MP3 download and audio & reference manual.
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We offer a cost-effective method for expanding your training opportunities by purchasing an All-Access Pass. Pay one price and get immediate, unlimited access to all of our training materials for an entire year. Additional benefits include a state-specific credit tracker to help you monitor your progress toward fulfilling your continuing education requirements, the informative members-only newsletter and the All-Access Pass course concierge.
Why Choose Lorman for Your Training Needs?
Lorman Education Services offers more than 28 years of experience in helping busy professionals across a wide range of industries boost their knowledge and meet their continuing education requirements. Our engaging, informative training programs and materials are developed by accomplished faculty members who are experts in their field.
Learn more about how to handle employee discipline outside of work effectively — and legally. Register for our training program today!
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Agenda
Introduction
- At-Will Employment
- Recent Examples in the News
What Outside Conduct Might an Employer Want to Regulate or Respond to and Is It Protected? (Discussion of State Laws Protecting Various Conduct)
- Social Media Activity
- Political Activity
- Alcohol or Other Drug Use
- Conduct Related to COVID-19 Health and Safety Measures
- Non-Employer Sponsored Employee Gatherings
- Relationships Between Employees
Why Should You Care About What Employees Do on Their off Time?
- Publicity
- Antithetical to Company's Mission/Value
- Impacts Employee Job Performance
- Liability
- Sexual Harassment
- Negligent Hiring/Supervision
Practical Considerations for Addressing Outside Conduct
- Could Conduct Be Protected Under the National Labor Relations Act (NLRA) or Other Employment Law (e.g. Title VII, ADA, etc.)?
- Applying the Rules in a Nondiscriminatory Fashion
- Potential Impact on Employee Morale
- How Did You Find out About Conduct and Was There an Investigation?
- Discussion of Privacy Laws
Hypotheticals
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 14, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Gregory P. Abrams
Tucker Ellis LLP
- Partner at Tucker Ellis LLP
- Represents and counsels employers in all facets of labor and employment law
- Has supported multiple national employers in developing and revising employment policies for compliance in all states in which they operate
- Experienced litigator who regularly defends companies in state and federal courts as well as in front of administrative agencies throughout the country in all types of employment litigation, including class actions and collective actions, wage and hour matters, discrimination claims, noncompetition claims, trade secrets misappropriation, and other similar claims
- Regularly presents at CLEs and other speaking engagements regarding all facets of the employment relationship
- Has written and published extensively on employment and privacy-related issues and has been quoted and interviewed by multiple national media outlets on these topics
- Admitted to practice law in Illinois
- Graduate, University of Chicago Law School and University of Pennsylvania
- Can be contacted at [email protected] or 312-256-9444
Sara L. Lewenstein
Faegre Drinker Biddle & Reath LLP
- Associate at the Minneapolis office of Faegre Drinker Biddle & Reath LLP
- Navigates clients’ labor and employment challenges, with a focus on employment litigation cases
- Defends clients against claims arising under Title IX; federal and state claims of discrimination on the basis of disability, age, race, gender, religion, and national origin; claims of retaliation under state and federal anti-discrimination and whistleblower statutes; class and collective actions arising under the Fair Labor Standards Act (FLSA); and claims regarding trade secret and noncompetition violations
- J.D. degree, magna cum laude, University of Minnesota Law School; B.A. degree in political science and Jewish studies, magna cum laude, Wellesley College
- Can be contacted at 612-766-7709 or [email protected]
Amanda Semaan
Faegre Drinker Biddle & Reath LLP
- Associate at the Los Angeles office of Faegre Drinker Biddle & Reath LLP
- Litigator who has a wide range of experience helping corporate clients resolve complex disputes
- She primarily represents employers defending wage and hour, discrimination and other California employment law claims; she also represents manufacturers of pharmaceuticals, medical devices, food products and other consumer products in product liability disputes, and has experience in multiple aspects of Proposition 65, including compliance, responding to notices of intent to sue, litigation, and settlement
- J.D. degree, UCLA School of Law; B.A. degree in communication studies, summa cum laude, UCLA
- Can be contacted at 310-500-2129 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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